H-1B $100,000 Fee: Extended to 2027 but Blocked by Courts, Not Being Collected
The $100,000 H-1B entry fee was extended to September 2027, but federal court orders block it and USCIS is not collecting it. Here is where the fee stands in October 2026.
USAIn brief
- Proclamation 10973 of September 2025 required a $100,000 payment for certain new H-1B petitions for workers outside the US.
- Proclamation 11069, signed 18 September 2026, extends the restriction until 21 September 2027.
- On 30 September 2026 a federal court in California blocked agencies from enforcing the fee, and a Massachusetts court had already vacated it in June.
- USCIS is not collecting the fee while the court orders stand; the government has appealed.
- A new weighted H-1B selection, favouring higher wage levels, took effect on 27 February 2026.
| Country | USA |
|---|---|
| Organization | The White House; USCIS |
| Official source | Federal Register – Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers ✓ federalregister.gov |
The $100,000 H-1B fee is still on the books, but it is not being collected. In September 2026 the White House extended it for another year, yet two federal courts have blocked the agencies from enforcing it.
Timeline
| Date | Event |
|---|---|
| 19 Sep 2025 | Proclamation 10973 requires a $100,000 payment for certain new H-1B petitions |
| 23 Dec 2025 | Washington DC district court upholds the fee (appeal pending) |
| 27 Feb 2026 | New wage-weighted H-1B selection takes effect |
| 8 Jun 2026 | Massachusetts federal court vacates the fee policy nationwide in a case brought by 20 states |
| 24 Jul 2026 | First Circuit refuses to pause that ruling |
| 18 Sep 2026 | Proclamation 11069 extends the restriction to 21 September 2027 |
| 30 Sep 2026 | California federal court blocks USCIS, CBP and State from enforcing the fee |
| 9 Oct 2026 | Government appeals to the Ninth Circuit |
Who the fee covered
- Paid by: the employer, through pay.gov, with the receipt filed with the petition.
- Applied to: new petitions filed on or after 21 September 2025 for workers outside the US.
- Exempt: petitions filed before that date, current H-1B holders, and people inside the US approved for a change of status, extension or change of employer.
- National interest exceptions were possible but rare.
The September 2026 proclamation says only about 700 petitions paid the fee in its first year.
The new weighted lottery
Since 27 February 2026, H-1B registrations are weighted by wage level. Level IV gets four entries, Level III three, Level II two and Level I one. Higher-paid jobs now have a much better chance of selection.
DHS has also proposed a $103,265 fee on new cap-subject petitions through formal rulemaking. Comments closed on 24 September 2026, and no final rule has been issued.
What it means for job seekers
- No fee is being charged now, but the appeals could change that. Employers may stay cautious about hiring from abroad.
- Higher salaries help. With the weighted lottery, a Level III or IV offer improves your odds.
- Never pay a recruiter for an H-1B. Fees are the employer's responsibility.
Official sources
- Federal Register: Proclamation 11069
- White House: Restriction on Entry of Certain Nonimmigrant Workers (2026)
- White House: H-1B FAQ (2025)
- USCIS: proclamation alert
- First Circuit opinion denying a stay
Related: H-1B layoff checks and social media screening and USCIS plans to end deference for H-1B extensions.
Frequently asked questions
Do I have to pay $100,000 for an H-1B visa?
Workers never pay it; the fee was charged to employers. As of October 2026, court orders block it and USCIS is not collecting it.
Who did the $100,000 H-1B fee apply to?
New H-1B petitions filed on or after 21 September 2025 for workers outside the US. Current H-1B holders and people approved for a change of status or extension inside the US were exempt.
Is the H-1B fee gone for good?
Not necessarily. The government has appealed the court rulings, and DHS has separately proposed a $103,265 fee on new cap-subject petitions through rulemaking, which is not yet final.
How does the new H-1B lottery work?
Since 27 February 2026, registrations are weighted by wage level: Level IV gets 4 entries, Level III gets 3, Level II gets 2 and Level I gets 1.
Apply only through the official source.
Open official notice →TheJobSeek never charges for jobs and is not a recruitment agency. If anyone asks you to pay for a job offer or visa in the name of this article, it is a scam.
